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The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015

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Notice of decision on appeal

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38.—(1) The appointed person must—

(a)give notice of the decision on an appeal under section 19 of the principal Act (“notice of decision”) to—

(i)the appellant, or where an agent is acting on behalf of the appellant that agent;

(ii)the planning authority;

(iii)the safety regulator; and

(iv)the Scottish Environment Protection Agency; and

(b)notify every person who has made (and did not subsequently withdraw) representations in respect of the appeal that a decision on the appeal has been made and where a copy of the notice given under sub-paragraph (a) is available for inspection.

(2) The notice of decision must include the appointed person’s decision on the appeal, including a description of any variation or reversal of any part of the decision of the planning authority.

(3) The notice of decision must also—

(a)identify the bodies and other persons consulted by the appointed person in respect of the application;

(b)explain the reasons on which the decision is based;

(c)contain a statement of the number of representations made in respect of the appeal, a summary of the main issues raised by such representations and an explanation of how they were taken into account in the decision; and

(d)contain information regarding the right to challenge the validity of the decision and the procedures for doing so.

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